- 11 U.S.C.
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.
May
27
2021
Ruling
Dismissal denied as the trustee failed to carry the burden of proving by a preponderance ofthe evidence that cause existed to convert or dismiss the case. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.
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:
Wellington, In re
May
20
2021
Ruling
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.
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:
Wellington, In re
May
20
2021
Ruling
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.
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Court
:
- 11 U.S.C.
Blue, In re
May
07
2021
Ruling
Debtor IT consultant met her burden to establish that she was eligible to elect application ofsubchapter V as she was engaged in commercial or business activities. (Bankr. M.D.N.C.)
Issue(s)
Definitions; Debtor; Persons Included.
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:
North Carolina New Sch. Inc., In re
Oct
26
2020
Ruling
Court sustained trustee's objection to creditor's claim that was received by the clerk's officeone day after the deadline because the mailbox presumption did not apply to the filing of aproof of claim under Rule 3002(c). (Bankr. M.D.N.C.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.
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Court
:
- 28 U.S.C.
James, In re--James v. Select Portfolio Servicing, Inc.
Oct
23
2020
Ruling
Factors strongly favored permissive abstention where debtor had already received adischarge, bankruptcy estate had been fully administered and the foreclosure proceedingwas commenced prior to her bankruptcy filing. (Bankr. M.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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:
Carnegie, In re--Carnegie v. Nationstar Mortg., LLC
Sep
29
2020
Ruling
Creditor’s referral to collection agency did not violate the discharge injunction as it waslimited to long-term debts that were not discharged through a Chapter 13 plan. (Bankr.M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Maes, In re
May
22
2020
Ruling
Debtor’s daughter could file petition on her behalf due to dementia and severe memory loss.(Bankr. D. Colo.)
Issue(s)
Venue of Proceedings Arising Under Title 11 or Arising in or Related to Cases.
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Court
:
- 11 U.S.C.
Richmond, In re--DFWMM Holdings, LLC v. Richmond
Apr
24
2020
Ruling
Debtor’s false statements were not grounds for denial of discharge where debtor did not havefraudulent intent as he reasonably relied on advice of Counsel. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial; Fraud.
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Court
:
- 11 U.S.C.
Moore Props. of Person Cty., LLC, In re
Feb
28
2020
Ruling
Debtor whose case was pending on effective date of Small Business Reorganization Act of2019 and qualified under the act could elect to proceed under subchapter V. (Bankr. M.D.N.C.)
Issue(s)
Confirmation of plan
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